Cholamandalam Investment And Finance Co Ltd v. Smitha Teresa Paul

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Applicant(s) Vs Smitha Teresa Paul Respondent(s) PRAYER Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to appoint employee of the Applicant viz Mr.Juin Prasad, Area Legal Manager, as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondents men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary.

For Petitioner(s):

Mr.D.Pradeep Kumar

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, [for brevity 'the Act'] for appointment of a receiver to

2/4 seize and deliver the vehicle from the respondent to the applicant, if necessary, with police protection and by breaking open the premises. 2.

Heard Mr.D.Pradeep Kumar, learned counsel for applicant and carefully perused the materials available on record. 3.

When the matter came up for hearing on 09.12.2025, this Court ordered notice to the respondent.

4.

The private notice sent to the respondent has been served and the affidavit of service has also been filed. There is no representation for the respondent either in person or through counsel. Hence, the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established.

5.

In view of the above, Mr.Juin Prasad, is appointed as the Court receiver and the Court receiver is permitted to seize the vehicle from the respondent or wherever it is found and by breaking open the premises, if required with police assistance.

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6. This application stands disposed of in the above terms. 27-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/4 N.ANAND VENKATESH J.

ssr 27-01-2026